- 11 U.S.C.
In re Kobe Real Estate LLC
Aug
31
2011
Ruling
Debtor LLC could not employ attorney who was not disinterested due to representation of debtor's principals.
Procedural posture
A chapter 11 debtor submitted an application to employ an attorney and law firm under Fed. R. Bankr. P. 2014(a) and 11 U.S.C.S. § 327(a). The United States Trustee (UST) objected on the grounds that the application failed to disclose representation of the debtor's principals, which might prevent the attorney from qualifying as disinterested under 11 U.S.C.S. § 101(14). In addition, the UST raised an issue regarding the source of the retainer.
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In re Malone
Aug
29
2011
Ruling
Debtors entitled to recover attorneys' fees for unjustified nondischargeability proceedings brought by creditor bank.
Procedural posture
Chapter 13 debtors' counsel requested approval and payment of fees and costs pursuant to 11 U.S.C.S. § 523(d).
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Court
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- 11 U.S.C.
In re Condustrial Inc.
Aug
01
2011
Ruling
Plan including individual release of sole shareholder could be confirmed.
Procedural posture
Debtor filed a voluntary petition under chapter 11 and submitted a disclosure statement and reorganization plan (the Plan) for confirmation. The court conducted a confirmation hearing.
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Court
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- 11 U.S.C.
Voss v. Pujdak (In re Pujdak)
Jun
30
2011
Ruling
Collateral estoppel applied to state court funding of securities violations resulting in nondischargeable debt.
Procedural posture
Plaintiff judgment creditor filed a motion for judgment on the pleadings and to strike certain defenses in the creditor's action against defendant debtors, seeking to except the judgment debt from discharge pursuant to 11 U.S.C.S. § 523(a)(2)(A) and (a)(19).
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In re Anderson
Jun
08
2011
Ruling
Confirmation denied where plan language indicated intent to enforce Truth in Lending Act claim in adversary proceeding and undefined offer of "tender."
Procedural posture
A Chapter 13 debtor sought confirmation of her plan.
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Court
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- 11 U.S.C.
In re Outdoor RV & Marine LLC
May
10
2011
Ruling
Attorneys' fees for services that were reasonable when rendered approved over creditor's objection.
Procedural posture
In a chapter 11 case that was converted to a chapter 7, the attorney who represented the debtor filed an application for final compensation. A creditor objected, claiming that the attorney had failed to establish that compensation was warranted under 11 U.S.C.S. § 330(a)(3)(C) and (F) and that his fees should at best be a chapter 11 administrative expense under 11 U.S.C.S. § 726(b).
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Court
:
- 11 U.S.C.
In re BI-LO LLC
Mar
02
2011
Ruling
Disputed fees under assumed lease were not chargeable to the estate.
Procedural posture
Lessor asked for a ruling that debtor lessees (DIPs) owed additional amounts on account of common area maintenance (CAM) fees chargeable under a lease at lessor's shopping center by reason of certain exterior painting and plumbing work undertaken by lessor. DIPs challenged the motion as untimely and also argued that the disputed charges were not includable in CAM in any event and were not properly charged to the estate.
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Court
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- 11 U.S.C.
In re Stein
Jan
06
2011
Ruling
Involuntary petition was properly filed where debtor's challenges to petitioning creditors and their claims were meritless.
Procedural posture
Alleged debtor challenged the filing, by six creditors, of an involuntary bankruptcy petition under 11 U.S.C.S. § 303 on debtor's denial that he borrowed money from any of three creditors claiming to have judgments against him, that he executed guarantees that secured payment to the creditors, or that he owed money to any of the creditors.
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Court
:
- 11 U.S.C.
Anderson v. Holt (In re Judd)
Nov
23
2010
Ruling
Trustee could not avoid mortgage granted by debtor's father on property transferred by debtor just prior to petition date due to equitable subordination.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendants, a chapter 7 debtor's father and two mortgage companies, seeking a determination that he could avoid a mortgage the father gave to one company that was assigned to the other company. The bankruptcy court granted the companies' motion for summary judgment, but the U.S. District Court for the District of South Carolina reversed the bankruptcy court's decision.
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- 11 U.S.C.
Romero v. Coventry Credit Union (In re Romero)
Nov
23
2010
Ruling
Debtor did not establish right to damages for creditor's automatic payment requests that violated stay.
Procedural posture
Chapter 13 debtors filed a pro se adversary proceeding against defendant credit union, claiming that the credit union violated 11 U.S.C.S. § 362 when it sent them requests for payment after they declared bankruptcy. The debtors asked the court to find that the credit union willfully violated § 362 and to enjoin the credit union from all postpetition collection actions. The credit union filed a motion for summary judgment.
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Court
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